CHAPTER 130
HOUSE BILL No. 2996
An Act concerning elections; relating to the time of canvass
by the county board of can-
vassers; amending K.S.A. 25-3104 and K.S.A. 2001 Supp. 25-3107 and
repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 25-3104 is hereby
amended to read as follows: 25-
3104. The original canvass of every election shall be performed by
the
election boards at the voting places. The county election officer
shall
present the original returns, together with the ballots, books and
any other
records of the election, for the purpose of canvass, to the county
board
of canvassers at any time between 8:00 o'clock
a.m. and 10:00 o'clock a.m.
on the Friday next following any election held on a Tuesday,
except that
the county election officer may move the canvass to the Monday
next
following the election if notice is published prior to the
canvass in a news-
paper with general circulation in the county. For elections
not held on a
Tuesday, the canvass by the county board of canvassers shall be
held on
a day and hour designated by it, and not later than the fifth day
following
the day of such election.
Sec. 2. K.S.A. 2001 Supp. 25-3107
is hereby amended to read as
follows: 25-3107. (a) At the time of commencement of any canvass by
the
county board of canvassers the county election officer shall
present to the
county board of canvassers the preliminary abstracts of election
returns,
together with the ballots and records returned by the election
boards.
The county board of canvassers shall inspect and check the records
pre-
sented by the county election officer and shall hear any questions
which
the county election officer believes appropriate for determination
of the
board. The county board of canvassers shall do what is necessary to
obtain
an accurate and just canvass of the election and shall finalize the
prelim-
inary abstract of election returns by making any needed changes,
and
certifying its authenticity and accuracy. The certification of the
county
board of canvassers shall be attested by the county election
officer. Nei-
ther the county board of canvassers nor the county election officer
shall
open or unseal sacks or envelopes of ballots, except as is required
by
K.S.A. 25-409, 25-1136 and 25-1337, and amendments thereto, or
other
specific provision of law or as is authorized to carry out a
recount under
subsection (b).
(b) If a majority of the members of the
county board of canvassers
shall determine that there are manifest errors appearing on the
face of
the poll books of any election board, which might make a difference
in
the result of any election, or if any candidate shall request the
recount of
the ballots cast in all or in only specified voting areas for the
office for
which such person is a candidate, or if any registered elector who
cast a
ballot in a question submitted election requests a recount in all
or only
specified voting areas to determine the result of the election, the
county
board of canvassers shall cause a special election board appointed
by the
county election officer to meet under the supervision of the county
elec-
tion officer and recount the ballots with respect to any office or
question
submitted specified by the county board of canvassers or requested
by
such candidate or elector. If a recount is required in a county
that uses
optical scanning systems as defined in K.S.A. 25-4601 et seq., and
amend-
ments thereto, or electronic or electromechanical voting systems,
as de-
fined in K.S.A. 25-4401, and amendments thereto, the method of
con-
ducting the recount shall be at the discretion of the person
requesting
such recount. The county election officer shall not be a member of
such
special election board. Before the special election board meets to
recount
the ballots upon a properly filed request, the party who makes the
request
shall file with the county election officer a bond, with security
to be ap-
proved by the county or district attorney, conditioned to pay all
costs
incurred by the county in making such recount. In the event that
the
candidate requesting the recount is declared the winner of the
election
as a result of the recount, or if as a result of the recount a
question
submitted is overturned, no action shall be taken on the person's
bond
and the county shall bear the costs incurred for the recount. Any
recount
requested must be requested in writing and filed
with the county election
officer not later than 12:00 noon on the Monday following the
election
or, if the canvass is held on Monday, not later than 5:00 p.m.
on the
Tuesday next following the election. The request shall
specify which voting
areas are to be recounted. The county election officer shall
immediately
notify any candidate involved in the election for which such
recount is
requested, or shall notify the county chairperson of each
candidates can-
didate's party. Any such recount shall be initiated not
later than the fol-
lowing day and shall be completed not later than
the 5:00 p.m. on Friday
of such week at 5:00 p.m or, if the recount
request is made on the Tuesday
after the election because of a Monday canvass, not later than
5:00 p.m.
the next following Monday. Upon completion of any recount
under this
subsection, the election board shall package and reseal the ballots
as pro-
vided by law and the county board of canvassers shall complete its
canvass.
The members of the special election board shall be paid as
prescribed in
K.S.A. 25-2811 and amendments thereto for time actually spent
making
the recount.
(c) (1) The provisions of this
subsection shall apply to candidates at
any election for:
(A) Any state or national office elected
on a statewide basis;
(B) the office of president or vice
president of the United States;
(C) the office of members of United
States house of representatives;
(D) office of members of state senate or
house of representative
whose district is located in two or more counties; and
(E) office of members of state board of
education.
(2) Any candidate may request a recount
in one or more counties.
Any such recount must be requested in writing and filed with the
sec-
retary of state not later than 12:00 noon on the Monday following
the
election and or, if the canvass in one or more
counties in the district is
held on Monday, not later than 5:00 p.m. on the Tuesday next
following
the election. The request shall specify which counties are
to be recounted.
If a recount is required in a county that uses optical scanning
systems as
defined in K.S.A. 25-4601, and amendments thereto, or electronic
or
electromechanical voting systems, as defined in K.S.A. 25-4401,
and
amendments thereto, the method of conducting the recount shall be
at
the discretion of the person requesting such recount. Except as
provided
by this subsection and subsection (d), the person requesting the
recount
shall file with the secretary of state a bond, with security to be
approved
by the secretary of state, conditioned to pay all costs incurred by
the
counties and the secretary of state in making such recount. The
amount
of the bond shall be determined by the secretary of state. A
candidate
described in paragraphs (D) and (E) of subsection (c)(1) may post a
bond
as provided by subsection (b) in lieu of the bond required by this
sub-
section. In the event that the candidate requesting the recount is
declared
the winner of the election as a result of the recount, no action
shall be
taken on the candidate's bond and the counties shall bear the costs
in-
curred for the recount.
(3) The secretary of state immediately
shall notify each county elec-
tion officer affected by the recount and any candidate involved in
the
election for which such recount is requested. If the candidate
cannot be
reached, then the secretary of state shall notify the state
chairperson of
such candidate's party. Any such recount shall be conducted under
the
supervision of the county election officers at the direction of the
secretary
of state, and shall be initiated not later than the following day
and shall
be completed not later than the 5:00 p.m.
on Friday of such week at 5:00
p.m or, if the request is made on the Tuesday
after the election because
of a Monday canvass, not later than 5:00 p.m. on the next
following Mon-
day. Each county election officer involved in the recount
shall appoint a
special election board to recount the ballots. The members of the
special
election board shall be paid as prescribed in K.S.A. 25-2811 and
amend-
ments thereto for time actually spent making the recount. Upon
comple-
tion of any recount under this subsection, the special election
board in
each county shall package and reseal the ballots as provided by law
and
the county board of canvassers shall complete its canvass. The
county
election officer in each county immediately shall certify the
results of the
recount to the secretary of state.
(d) (1) The provisions of this
subsection shall apply to candidates at
general elections for:
(A) Any state or national office elected
on a statewide basis;
(B) the office of president or vice
president of the United States;
(C) the office of members of United
States house of representatives;
(D) office of members of state senate or
house of representative; and
(E) office of members of state board of
education.
(2) Whenever the election returns reflect
that a candidate for office
was defeated by one-half of one percent or less of the total number
of
votes cast and if such candidate requests a recount in one or more
coun-
ties of the ballots, the state shall bear the cost of any recount
performed
using the method by which such ballots were counted originally.
(3) Not later than 60 days following a
recount conducted pursuant to
this subsection, the board of county commissioners of each county
in
which the recount occurred shall certify to the secretary of state
the
amount of all necessary direct expenses incurred by the county.
Payment
for such expenses shall be made to the county treasurer of the
county
upon warrants of the director of accounts and reports pursuant to
vouch-
ers approved by the secretary of state. Upon receipt of such
payment and
reimbursements, the county treasurer shall deposit the entire
amount
thereof in the county election fund, if there is one and if there
is not then
to the county general fund.
(4) The secretary of state, with the
advice of the director of accounts
and reports, shall determine the correctness of each amount
certified
under this section and adjust any discrepancies discovered before
ap-
proving vouchers for payment to any county.
Sec. 3. K.S.A. 25-3104 and K.S.A. 2001 Supp. 25-3107 are
hereby
repealed.
Sec. 4. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved May 16, 2002.
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